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Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......rged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......ed in holding that these were forged documents created by the plaintiff for the purpose of the suit. These findings of the Court of appeal below were based upon proper appreciation of the documentary evidence on record. 17. Mr. AJ Mohammad Ali, learned Advocate has referred the cases of Jamshed K..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......it Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......g his 0.64 acre of land from acquisition proposal. In reply to the application, the DCC stated that the land in question was acquired by respondent No. 1 after complying with the provisions of law as evidenced by Annexure-C1 dated 10-4-2008. On query, the petitioner came to know that notices under s..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......t-receiver had any subsisting saleable interest in the estate after acquisition. 8. Be that as it may, learned Subordinate Judge has taken pains to go into extensive discussions of the facts and evidence on records and came to his findings essentially on facts. Learned Judge upon an elaborate a..Category: Trust/Waqf Law | Date: | Hits: 114
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......ন্যায় বিচার ব্যাহত হইবে। 4. Learned Judge rejected the same finding that these grounds for transfer of the case are wild allegations, not supported by any evidence. 5. Syed Mokaddas Ali, learned Advocate for the petitioner, besides agitating the said g..Category: Procedural Law | Date: | Hits: 179
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ...... and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......then Government and thereafter the Minister of Industry of the present Government, whose proposal of buying the said homestead land was not accepted by the petitioner and that the said facts would be evidenced from the letter dated 21-4-92 issued by the Ministry of Local Government. Rural Developmen..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......rder to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......IR a mandatory one. We are in full agreement with the above proposition of law. 18. Before parting with this cases it may be recalled here that when trial of a Criminal Case is started by taking evidence of prosecution witnesses normally such trial should not be disturbed by invoking inherent..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......n: 64 DLR (HCD) (2012) 455. ......y Mutawalli, is required to be implemented soon for better management of the property and enhancement of income of the Wakf Estate. 5. The trial Court after hearing the parties and considering the evidence on record decreed the suit by his Judgment and decree dated 17-6-1984. 6. The defendant ..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......t, which is the final Court of fact, is binding on the High Court Division, as a provisional Court except in certain exceptional circumstances, such as non consideration or misreading of the material evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the ca..Category: Procedural Law | Date: | Hits: 83
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......th. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......…… Petitioner Vs. Khabir Ahmed and others....................Opposite Party Judgment December 18, 2008. Result: The Rule is made absolute. On legitimacy of children The evidence of others cannot be taken as corroborative evidence since it being none other than the coup..Category: Family Law | Date: | Hits: 114
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......ith law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......t of the accused‑petitioners and discharged them on 18‑12‑78 when on 20‑12‑78 the informant filed a naraji petition before the learned Sub‑Divisional Magistrate alleging that although the evidence against the accused‑petitioner and the charge sheeted accuseds were equally strong, the p..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......nce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......his argument he relied upon the case law of Dhunat Degree College Vs. Md. Abdus Samad, reported in 49 (HCD) DLR 38. 12. I have heard the learned advocates of both sides and have perused the entire evidences on record both oral and documentary. I have also gone through the case laws cited by the l..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......uch pr feedings cannot be allowed to continue to the detriment of the petitioner. 18. Lastly, he submitted that the entire proceeding initiated with malice in law as well as in fact which would be evidenced from the inclusion of section 5(2) of the Act II of 1947 against the petitioner who was a ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......with the offence triable by the tribunal, in that case the tribunal shall proceed with both the offences. These sections of the Ain are related to procedure for trial. Section 14 provides for special evidence i.e. admission of picture taken on camera and recorded version by police, as evidence, sect..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......king Report; that although the commercial invoice, packing list and Clean Report of Findings by Inspectorate Griffith Limited states that all the 27 vehicles had been manufactured in the year 1995-96 evidence obtained from Ms Leyland Exports, Ms HASA (Export) Limited and British Car Numbers registra..Category: Limitation Law | Date: | Hits: 174
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......te this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......hat have not been cancelled and the defendants are paying rents and other Government taxes and revenue regularly. ………………………(16) Statements of written statement if not proved by evidence, no Court can take into consideration of the statements of the written statement………..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......onnection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and cir..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......charged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ...... and sentence is liable to be set-aside. 11. On the other hand, Mrs. Ambia Bulbul Reza, the learned Assistant Attorney-General, submits that the Special Tribunal on proper consideration of the evidence on record rightly found the appellants guilty. She further submits that conviction can be..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......6 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......e impugned order is illegal and without jurisdiction. 10. Mr. KM Zahid Sarwar, the learned Deputy Attorney-General for the State submits that the learned Magistrate would have given time to adduce evidence but ultimately he concedes the law point shown by the petitioner. 11. The only question ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... set aside. The Penal Code,1860 (XLV of 1860); Sections 463, 464 & 467 Decision on the basis of the Materials on Record When there is contradiction in between the documentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Div..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ....... In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......-Parties Judgment August 8, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908(Act No. V of 1908); Order XLI rule 27 When to allow a party to adduce additional evidence The question of allowing a party to adduce additional evidence is a question to be decid..Category: Property Law | Date: | Hits: 88
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